[NIP Wizard] Eligibility for retraining course? |
[NIP Wizard] Eligibility for retraining course? |
Thu, 5 Oct 2017 - 15:43
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#1
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New Member Group: Members Posts: 1 Joined: 5 Oct 2017 Member No.: 94,361 |
NIP Details and Circumstances
What is the name of the Constabulary? - Date of the offence: - September 2017 Date of the NIP: - 8 days after the offence Date you received the NIP: - 9 days after the offence Location of offence (exact location as it appears on the NIP: important): - A217 St Dunstans Hill j/w Gander Green Ln Was the NIP addressed to you? - Yes Was the NIP sent by first class post, second class or recorded delivery? - Not known If your are not the Registered Keeper, what is your relationship to the vehicle? - How many current points do you have? - 0 Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - Went through red light. NIP Wizard Responses These were the responses used by the Wizard to arrive at its recommendation: Have you received a NIP? - Yes Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes Did the first NIP arrive within 14 days? - Yes Although you are the Registered Keeper, were you also the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes Were you driving? - Yes Which country did the alleged offence take place in? - England NIP Wizard Recommendation Based on these responses the Wizard suggested that this course of action should be considered:
Generated by the PePiPoo NIP Wizard v3.3.2: Thu, 05 Oct 2017 15:43:10 +0000 ************************************* The NIP says (time into red light 0.9 secs) I'm not arguing about whether I did it or not - I admit I made a mistake - (this is the first NIP I've had in 45 years on the road) Can anyone tell me what are my chances of being offered a driver education course? I just hate the idea of points on my licence after all these years. This post has been edited by Heroadotus: Thu, 5 Oct 2017 - 15:51 |
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Thu, 5 Oct 2017 - 15:43
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Fri, 6 Oct 2017 - 07:44
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#2
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Member Group: Members Posts: 1,423 Joined: 15 Apr 2009 From: Winnersh, UK Member No.: 27,840 |
I would imagine that at only 0.9 seconds it is likely that you would be offered a course, but there are no guarantees, nor is there any right to a course. The other alternative is a fixed penalty of £100 and 3 points. Having 3 points on your license is no big deal. It has happened to me twice in the 35 years of driving, both times before such courses were an option and neither incident affected my insurance premiums by much.
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Fri, 6 Oct 2017 - 08:33
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#3
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
I would imagine that at only 0.9 seconds it is likely that you would be offered a course, but there are no guarantees, nor is there any right to a course. Well it depends how you define right. There isn't a statutory right to a course. However as a public authority, the police cannot decide simply on a whim whether to offer a course or not. There is a set policy in place to determine when such courses are offered, and if the criteria are met the police must offer it unless they can show there is a good reason to depart from the established policy. If the decision maker decides not to offer a course because he takes a dislike to the OP, or because for whatever reason he is feeling grumpy on that day, the decision not to offer a course is unlawful and any prosecution based on that decision could be an abuse of process. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Fri, 6 Oct 2017 - 08:37
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#4
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Member Group: Members Posts: 622 Joined: 20 Oct 2007 Member No.: 14,668 |
Well it depends how you define right. There isn't a statutory right to a course. However as a public authority, the police cannot decide simply on a whim whether to offer a course or not. There is a set policy in place to determine when such courses are offered, and if the criteria are met the police must offer it unless they can show there is a good reason to depart from the established policy. If the decision maker decides not to offer a course because he takes a dislike to the OP, or because for whatever reason he is feeling grumpy on that day, the decision not to offer a course is unlawful and any prosecution based on that decision could be an abuse of process. Any citation for any of this |
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Fri, 6 Oct 2017 - 12:31
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#5
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Doesn't need a citation, it's trite law so far as public law is concerned. Whether a trial court would dismiss a prosecution on those grounds is debatable.
-------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Lo-Fi Version | Time is now: Friday, 29th March 2024 - 04:38 |